“三权分置”背景下宅基地农户资格权问题研究

Study on the Farmers’ Homestead Household Qualification Rights under the Background of “Three Powers Separation”

2018年和2019年的中央一号文件均将宅基地"三权分置"政策纳入正式文件中,"三权"即宅基地集体所有权、农户资格权及宅基地使用权。农户资格权作为宅基地改革的重中之重,在理论及实践中存在性质定位不明确、主体认定不清、登记制度缺失等问题。基于此,应当将宅基地农户资格权的性质认定为成员权,农户资格权的主体认定为"集体成员",并积极健全宅基地农户资格权登记制度。

Both the 2018 and 2019 Central No. 1 documents included the "three rights separation" policy for housing sites in official documents. The "three rights" are collective ownership of housing sites, farmer qualification rights, and housing site use rights. As the top priority of the reform of the house site, the right of farmers’ qualifications is not clear in the theory and practice, the identity of the subject is unclear, and the registration system is lacking. Based on this, the nature of the right of the farmers’ household qualification right should be recognized as the "membership" and the main body of the farmers’ right to be registered as a "collective member", and the registration system for the farmers’ qualifications should be actively improved.